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MAYS v. CITY OF DAYTON

No. 96-3464.

134 F.3d 809 (1998)

Dewey O. MAYS, Jr., M.D., et al., Plaintiffs-Appellees, v. CITY OF DAYTON, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 23, 1998.

Rehearing and Suggestion for Rehearing Denied March 6, 1998.

Attorney(s) appearing for the Case

Charles A. Smiley, Jr. (argued and briefed), Charles Smiley & Associates, Dayton, OH, for Plaintiffs-Appellees.

Jane M. Lynch (briefed), Neil F. Freund (argued), Lisa A. Hesse (briefed), Freund, Freeze & Arnold, Dayton, OH, for Defendants-Appellants.

Before: SILER and COLE, Circuit Judges, and WISEMAN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 6, 1998.

WISEMAN, D.J., delivered the opinion of the court, in which SILER, J., joined. COLE, J. (p. 817), delivered a separate concurring opinion.

OPINION

WISEMAN, District Judge.

Appellant, Gary Gabringer, appeals the district court's denial of his summary judgment motion based upon qualified immunity and a failure to find probable cause for a search warrant Gabringer executed...

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